Q58: Can the police go and get my child back from my partner? I have got a residence order and the child doesn't want to live with me but the court says that he/she has to.

The police cannot immediately attend your partner's and remove the child unless there is a specific power given to them within the order or they are satisfied that the child is, or will be, subject to significant harm.

A court can vary the conditions within a residence order provided they are satisfied with the existence of the order and that the other parent is in breach of the order.

There are other orders that you can obtain which may prevent a similar situation arising, such as a prohibited steps order. A solicitor will be able to give advice on this matter.

See also the web app provided by the Department for Work and Pensions 'Sorting out separation' (link in related information).